“These parties entered into an agreement once the divorce action was filed that allowed each parent – who had physical custody of the children – to make the filming decisions when the children were with them,” Kate’s lawyer Mark Momjian said on the Today show Friday.

“When the children are with Kate, Jon agreed that Kate would make the filming decisions involving the kids,” he added.

Jon appeared on Larry King Live Thursday stating that an “epiphany” ” led him to want to end the show. Mark slams Jon because a week ago, Jon was involved in the shooting of the show. Also, he says Jon could have announced he didn’t want his kids to be on the show “a year ago, but he didn’t.”

“His active participation and encouragement of the show involved all the children and a decision by both parents to include the children and continue production,” he said.

Jon’s lawyer, Mark Heller told Larry King during the interview that the show will be halted and he is certain that no judge would ever “subject the children to the show if the father believes it’s detrimental.”

But Kate’s lawyer says that the eight children — 5-year-old sextuplets Hannah, Leah, Alexis, Joel, Aaden and Collin and 8-year-old twins, Cara and Mady — “are loved by both of their parents. Jon admits that his wife is a wonderful parent, they live in their family home. Kate is their primary caretaker. They’ve reached agreements about custody.”

Kate “is going to honor her contract,” Mark said. “She’d like to continue with the show. She loves doing the show.”